The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1887-05-06


WASHINGTON, April sS.-Prcsident
Cleveland has sent letter 70 the secre-
tary Of the Interior respecting the contro-
versv between Guilford Miller and the
Northern Pacific Railroad about the
ownership OF some land lying within the
indemnity limits Of that road, which Will
be read with interest on account OF the
conclusions reached and the suggestions
thrown out by the President for an equit-
able settlement Of the case. The matter
came before the President upon the peti-
ton OF Miller and others IL has been
pending before the Interior Department
FOR several years. and when finally ad-
justed will probably establish precedent
FOR the settlement OF many similar cases
The President after looking through the
case sent the following letter 70 the Sec
rotary Of the Interiors:
EXECUTIVE MANSION.
WASHINGTON, April y.
DEAR sin: have examined with much care
and interest the questions involved Ia the con-
ficting claims Of Guilford Miller and the
Northern Pacific Railroad Company 20
certain public land IN Washington
Territory. The legal aspect Of the
case has been examined and passed upon by
several ofncers OF the Government. who do not
agree in their CONCLUSIONS. Miller claims 70 be
. settler upon the land in question. whose pos
session dates from 1878 He alleges that ne
has made substantial improvements upon this
land and cultivated the same, and II appears
that he iled his claim TO the same under the
homestead law on the Goth day % December,
1854 The railroad company contends that this
land il within the territory or area from which
Il was entitled % select such quantity OF
public lana as might be necessary 70 supply
any deficiency that should be found 70 exist In
the specific land mentioned In grant by the
Government TO said company In aid OF the con-
structfon Of its road. such deficiency being con-
tcmplated as likely 20 arise nom the paramount
right OF private parties and settlers within the
territory embracing said granted lands ana
that the land in dispute was thus selected bS
the company on the 10Th day OF December,
1SS3.
A large tract including this land was with
drawn by an order OF the Interior Department
from sale and nom presumption and home
stead entry in 1872 in anticipation OF the con-
struction Of said railroad. and deficiency In
its granted lands In 1887. upon the fling OF
map OF definite location OF the road. the land IN
controversy and much more which had been 20
withdrawn. was found 10 lie outside the limits
which included the granted land. but - with
drawal and reservation from settlement and
entry under our land laws was continued upon
the theory that II was within the limits OF in
demnify lands which might be selected by the
company as provided in the law making the
grant
The legal points in this controversy turned
upon the validity and effect ~ the withdrawal
and reservation Of this land and the continu-
ance thereof. The Acknowledgement 4 OF the
opinion that such withdrawal and reservation
were AZ oil times efertual- and that they opcr-
ated 70 prevent Miller from acquiring anv in
terest IN or right 70 the land claimed by him.
With this Interpretation OF the law and the for
mer orders and action Of the Interior Depart
ment N will be seen that their eject has been
the withdrawal and reservation since 1872 81
thousands II not millions. Of acres OF these
lands from the operation Of the land laws OF tnc
United States Illus placing them beyond the
reach OF our citizens desiring under such laws
10 settle and mike homes upon the same, and
that this has been done for the benefit Of rail
road company having no fixcd certain or den
mite interests In such lands. In this manner
the benencent policy and intention Of the Gov
{, eminent 10 relntiot 10 the public domain have
for all these years 70 that extent been thwarted
! There seems 70 be no evidence presented
\ showing how much. n any. Of this vast tract l.
I necessary for the fulhllment Of the grant % the
4 railroad company nor does there appear TO bt
4 any Limitation OF the time within which this
4. fact should be made known. and the corpora
! tion Obliged 70 make its selection After
I lapse OF ffteen years this large body OF tht
I public domain is still held In reserve 70 the *
I ciusion OF settlers for the convenience OF cor
/ porate beneficiary OF the Government and
| awaiting ifs selectic;. though II Is entirely Ger
| tain that much OF this reserved land can neyel
! be honestly claimed by said corporation.
| such condition or the public lands should
! no longer continue SO far as II IL the result %
executive rules and methods. these should %
| abandoned and 90 far as u u consequence 9
| improvsdent laws, these should be repealed q
, amended.
our publtc domain Is our National wcait IN
the earnest OF or growth and heritage OF our
people. II she IA promise limitlcss develop
ment and riches. relief 10 q crowding popula
ton. and homes 70 thrift and industry. Thc~
inestimahle advantages should be lealousl,
guarded ana a careful and enlightened police
On the part OF the Government should sccur'
them 20 the people.
In the case under consideration ASSUME
that there Is abundance Of land within the are
which has been reserved for indemnity. II
which no citizen or settler has legal or eqult
able interest for oil such purposes Of IN
Identification OF this railroad company. u II
gr.opts has not already been satisfied. under
stand too. that selections made ny such cor
porasion are not complete and enecfnal unit
the same have been approved by the Sccretar'
Of the Interior. or unless they ARE made IA IN
words OF the statute under his direction. fo'
have thus far taken no action IN this matter
and IL seems 20 me that you are In q conditio
10 deal with the subject IN such manner as
protect this settler from hardship and loss
I transmit herewith the papers and docr
mcnts relating 70 the case. which were suit
mItted 70 me at my request. suggest that 70
exercise the power and authority you have
the premises. upon equitable consideration
with every presumption and intendmcnt
favor OF the settler. and in case you ind thi
corporation is entitled 20 select any more {
these lands than IL has already acquired. tha
Won direct IL 20 select. in lieu OF the land upo
which Mr. Miller has settled 2hcr land with
the limits or this indemnity reservation, upo
which neither he nor any other citizen hns
good faith settled or made improvements
leah your attention to sections 1850 and 80
OF the Revised Statues OF the United States. Z
pointing out mode OF procedure which ma
perhaps be resorted 70 n necessary for N
purpose OF reaching just and equitable disp
sitson or the case. The suggestions herein co
tanned can. believe. be adopted without disr
earding or calling In question the opinion
the Attorney General upon the purely leg
propositions. which were submitted 20 him.
Yours. very truly.
GROVER CI.EvELAND.
Plans for the 1sIg Cruisers.